COUNTY OF SAN DIEGO
STATEMENT OF PROCEEDINGS
REGULAR MEETING OF BOARD OF SUPERVISORS
WEDNESDAY, OCTOBER 25, 2000

Meeting was called to order at 9:17 a.m.
Present:  Supervisors Dianne Jacob, Chairwoman; Ron Roberts, Vice Chairman; Greg Cox; Pam Slater;  and Bill Horn; also Thomas J. Pastuszka, Clerk.
Approval of Statement of Proceedings/Minutes for meetings of September 27, 2000; and October 11, 2000.

ACTION:
ON MOTION of Supervisor Roberts, seconded by Supervisor Slater, the Board of Supervisors
approved the minutes for the meetings of September 27, 2000; and October 11, 2000.
AYES:  Cox, Jacob, Slater, Roberts
ABSENT:  Horn

Public Communication
(No Speakers)

Board of Supervisors’ Agenda Items

1.

CONTINUED NOTICED PUBLIC HEARING:

STEELE CANYON (PHASE II) TENTATIVE MAP TIME EXTENSION, TM 4577RPL3TE2, RRO (RESIDENTIAL-RECREATION ORIENTED), LOMA DEL SOL SPECIFIC PLAN; VALLE DE ORO COMMUNITY PLAN AREA AND JAMUL/DULZURA SUBREGIONAL PLAN AREA

(CARRYOVER ITEM FROM 9/27/2000, AGENDA ITEM NO. 1)

2.

CONTINUED NOTICED PUBLIC HEARING:

SOUTHCOAST DEVELOPMENT; GENERAL PLAN AMENDMENT GPA 00-002, REZONE R99-003, TENTATIVE MAP TM 5179RPL, AND MAJOR USE PERMIT P99-018 FOR A PROPOSED COMMERCIAL SHOPPING CENTER, LAKESIDE COMMUNITY PLANNING AREA

(CARRYOVER ITEM FROM 9/13/2000, AGENDA ITEM NO. 1)

3.

MANDATORY TESTING FOR METHANE GAS IN THE SANTA FE VALLEY AREA

4.

FURTHERING VOLCAN MOUNTAIN PRESERVE FOUNDATION’S EFFORTS

5.

THIRD AMENDMENT TO JOINT AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND FALLBROOK SPORTS ASSOCIATION FOR CONSTRUCTION OF RECREATION FACILITIES AT FALLBROOK SPORTS PARK

[FUNDING SOURCE: GENERAL FUNDS]

(4 VOTES)

6.

COUNTY PARTICIPATION IN REGIONAL MENTOR – PROTÉGÉ PROGRAM TO HELP SMALL, LOCAL CONSTRUCTION CONTRACTORS

[FUNDING SOURCES ARE ROAD FUND, AIRPORT ENTERPRISE FUND AND FLOOD CONTROL DISTRICT FUNDS]

7.

AGREEMENTS WITH SIX CONSULTANT FIRMS TO PROVIDE DESIGN ENGINEERING SERVICES ON AN AS-NEEDED BASIS

[FUNDING SOURCE IS IDENTIFIED AS TRANSNET; ALL NON-TRANSNET PROJECTS UNDERTAKEN UNDER THIS AGREEMENT WILL BE REIMBURSED FROM THE APPROPRIATE FUNDING SOURCE]

8.

AGREEMENTS WITH THREE ENVIRONMENTAL CONSULTING FIRMS TO PROVIDE SERVICES ON AN AS-NEEDED BASIS

[FUNDING SOURCE IS IDENTIFIED AS TRANSNET; ALL NON-TRANSNET PROJECTS UNDERTAKEN UNDER THIS AGREEMENT WILL BE REIMBURSED FROM APPROPRIATE FUNDING SOURCE.]

9.

INTENTION TO ESTABLISH ZONES OF BENEFIT IN COUNTY SERVICE AREAS NO. 81 – FALLBROOK LOCAL PARKS DISTRICT AND NO. 83 - SAN DIEGUITO LOCAL PARKS DISTRICT

10.

OCEANSIDE TRANSIT CENTER: AMENDMENT TO REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR PARKING EXPANSION

[FUNDING SOURCE FOR ALLOCATION IS PROGRAM SUPPLEMENT NO. 085 TO COUNTY-STATE AGREEMENT NO. 11-5957]

(4 VOTES)

11.

APPROVAL OF FIRE PROTECTION AGREEMENT BETWEEN CAMPO  FIRE DEPARTMENT AND THE COUNTY OF SAN DIEGO ON BEHALF OF COUNTY SERVICE AREA 112 – CAMPO

[FUNDING SOURCE IS COUNTY SERVICE AREA 112.]

12.

SET HEARING FOR 12/6/00, 9:00 A.M.

OTAY VALLEY REGIONAL PARK – ACQUISITION OF PARCEL NO. 2000-0071-A (MALCOLM)

13.

AMENDMENT TO CONSULTANT CONTRACT FOR GENERAL PLAN 2020

(4 VOTES)

14.

ADMINISTRATIVE ITEM:

SECOND CONSIDERATION AND ADOPTION OF ORDINANCE

PROGRESS REPORT ON CONSUMER CONFIDENCE PROTECTION ACT OF 1999

15.

CLOSED SESSION

(CARRYOVER ITEM FROM 10/24/00, AGENDA ITEM NO. 13)


1.         SUBJECT:     CONTINUED NOTICED PUBLIC HEARING:

STEELE CANYON (PHASE II) TENTATIVE MAP TIME EXTENSION, TM 4577RPL3TE2, RRO (RESIDENTIAL-RECREATION ORIENTED), LOMA DEL SOL SPECIFIC PLAN; VALLE DE ORO COMMUNITY PLAN AREA AND JAMUL/DULZURA SUBREGIONAL PLAN AREA
(CARRYOVER ITEM FROM 9/27/2000, AGENDA ITEM NO. 1)
(Supv. Dist: 2 )

OVERVIEW:
This item was continued from the September 27, 2000 Board of Supervisors hearing.
This is an appeal of a Planning Commission Decision of Denial of a request for a Time Extension of Tentative Map 4577RPL3TE.  The Tentative Map is the subdivision of 333.6 acres into 152 lots (145 residential lots and 7 open space lots).  The Time Extension request is for Phase II of the project, which involves the subdivision of 28.66 acres into five residential lots and one open space lot consisting of 21.8 acres.  The project design has been reduced in scope from that originally approved in 1987 in order to conform to the Multiple Species Conservation Program.  The project site is located within the Loma Del Sol Specific Plan and is zoned RRO (Residential-Recreation Oriented; .5 dwelling units per acre).

FISCAL IMPACT:
Not applicable.
BUSINESS IMPACT STATEMENT:
Not applicable.

RECOMMENDATION:
PLANNING COMMISSION:
Deny the Time Extension for the reason included in the staff report and the Resolution of Denial.

RECOMMENDATION:
DEPARTMENT OF PLANNING AND LAND USE:
Grant the appeal and adopt the Resolution approving TM 4577RPL3TE2 that makes appropriate findings and includes those requirements and conditions necessary to ensure that the project is implemented in a manner consistent with the Subdivision Ordinance and State law.

ACTION:
ON MOTION of Supervisor Horn, seconded by Supervisor Cox, the Board of Supervisors closed the Hearing and took action as recommended by the Department of Planning and Land Use, adopting Resolution No. 00-360, entitled: RESOLUTION OF SAN DIEGO COUNTY APPROVING CONDITIONS ON TENTATIVE MAP NO. 4577RPL3TE2.
AYES:  Cox, Roberts, Horn
NOES:   Slater
RECUSE:  Jacob

2.         SUBJECT:     CONTINUED NOTICED PUBLIC HEARING:
SOUTHCOAST DEVELOPMENT; GENERAL PLAN     AMENDMENT GPA 00-002, REZONE R99-003, TENTATIVE MAP TM 5179RPL, AND MAJOR USE PERMIT P99-018 FOR A PROPOSED COMMERCIAL SHOPPING CENTER, LAKESIDE COMMUNITY PLANNING AREA
(CARRYOVER ITEM FROM 9/13/2000, AGENDA ITEM NO. 1)
(Supv. Dist:  2)

OVERVIEW:
This item was continued from the September 13, 2000 Board of Supervisors hearing.  The project site is proposed to be developed as a commercial shopping center consisting of a 58,000 square foot grocery store and approximately 35,550 square feet of building area for retail shops, restaurants, a service station with car wash, along with on-site landscaping and associated parking.  The project is approximately 11.5 acres in size and located at the southeast corner of Olde Highway 80 and Lake Jennings Park Road within the Lakeside Community Planning Area.

FISCAL IMPACT:
The recommended action has no fiscal impact.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
Continue the hearing on GPA 00-002, R99-003, TM 5179RPL and P99-018, from October 25, 2000 to November 15, 2000.

ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors continued the item to be redocketed upon the completion of the Environmental Impact Report, on Consent.  The Board further directed that the Department of Planning and Land Use notify all individuals who submitted speaker’s slips on this item of future hearing dates.
AYES:  Cox, Jacob, Slater, Roberts, Horn

3.         SUBJECT:     MANDATORY TESTING FOR METHANE GAS IN THE SANTA FE VALLEY AREA
(Supv. Dist:  2)

OVERVIEW:
Methane gas has been detected in the soil at several locations throughout the Santa Fe Valley.  Unfortunately, it has been discovered in levels that are sufficient to pose a potential threat of fire or explosion.  Wherever methane gas has been detected at levels that could represent a potential hazard, the County requires that a methane mitigation system be installed in each home.

Although methane testing has been completed at several subdivisions, many undeveloped areas have yet to be tested.  Currently, the County does not have an ordinance requiring testing for the presence of methane gas in the soil.  Mandatory methane testing in the Santa Fe Valley area is necessary to protect public health, safety and welfare.  This Board letter recommends that the County of San Diego establish an ordinance to require methane gas testing in the Santa Fe Valley area

FISCAL IMPACT:
There is no fiscal impact associated with these actions.

RECOMMENDATION:
SUPERVISOR SLATER:

Direct the Chief Administrative Officer and County Counsel to return to the Board in approximately 60 days with an ordinance requiring methane gas testing on properties in the Santa Fe Valley area.

ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent:
AYES:  Cox, Jacob, Slater, Roberts, Horn

4.         SUBJECT:     FURTHERING VOLCAN MOUNTAIN PRESERVE FOUNDATION’S EFFORTS
(Supv. Dist:  All)

OVERVIEW:
Rising to an elevation of 5,353 feet, Volcan Mountain’s 15-mile ridge covers more than 25,000 acres, stretching from Lake Henshaw to the Anza-Borrego Desert, forming a scenic backdrop for the Julian area.  The mountain has become a unique ecosystem, reflecting a great diversity of vegetation and wildlife that has remained virtually undisturbed.  Since the original acquisition of preserve land in 1989, the County of San Diego continues to purchase parcels on the mountain, with the current preserve now totaling nearly 4,500 acres.  Today’s action will further the Volcan Mountain Preserve Foundation’s conservation and land acquisition efforts, preserving valuable habitat for future generations.

FISCAL IMPACT:
Approval of this request will appropriate $10,000 of 2000-2001 Community Reinvestment fund balance.

RECOMMENDATION:
CHAIRWOMAN JACOB:
Appropriate $10,000 of 2000-2001 Community Reinvestment fund balance to the Volcan Mountain Preserve Foundation to further the preservation efforts on Volcan Mountain.


ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent.
AYES:  Cox, Jacob, Slater, Roberts, Horn

5.         SUBJECT:     THIRD AMENDMENT TO JOINT AGREEMENT BETWEEN COUNTY  OF SAN DIEGO AND FALLBROOK SPORTS ASSOCIATION FOR CONSTRUCTION OF  RECREATION FACILITIES AT FALLBROOK SPORTS PARK
(Supv. Dist:  5)

OVERVIEW:
In coordination with the County of San Diego, the Fallbrook Sports Association has completed construction of the first phase of recreation improvements at the Fallbrook Sports Park.  These park improvements will benefit the community by providing needed park and recreational facilities for the residents of Fallbrook and the surrounding area.  Completed improvements include grading of the entire site, sewer and water infrastructure, sports field lighting, landscaping and irrigation, a multi-purpose sports field, a roller hockey arena, bleachers, and paving of the parking lot.  The Sports Park was officially dedicated and opened to the public on May 13, 2000.

The Fallbrook Sports Association is now requesting funding for the construction of additional recreation facilities at the Fallbrook Sports Park.  This action will approve the Third Amendment to the Joint Agreement with the Fallbrook Sports Association to provide for the construction of additional recreational facilities including a softball field, walkways and ramps, a concession building, and landscaping.  All improvements will be Americans With Disabilities Act (ADA) compliant.  Funding for this request is provided by $144,250 in Parks and Recreation Department General Funds allocated by the Board of Supervisors during Fiscal Year 2000-2001 budget deliberations, at the request of Supervisor Horn, to provide for additional improvements at the Sports Park.

In addition, the Sports Association is now requesting the assistance of the County in operating and maintaining the Sports Park.  Approval of the Third Amendment to the Agreement will allow the Sports Association to reimburse the County for operating and maintaining the Sports Park.  This action will also authorize the Clerk of the Board of Supervisors to execute an Agreement with the Fallbrook Public Utility District and the Sports Association authorizing connection of the Sports Park to the public sewer system.

FISCAL IMPACT:
Funds in the amount of $144,250 to be encumbered in the Third Amendment to the Agreement with the Fallbrook Sports Association are budgeted and available in the Parks and Recreation Department current year budget.  The funding source is General Funds which were allocated to the department during Fiscal Year 2000-2001 budget deliberations, at the request of Supervisor Horn, for this project.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.      Find that the Negative Declaration (ND) on file in the Department of Planning and Land Use as Log No. 93-2-23 has been adopted in compliance with the California Environmental Quality Act (CEQA) and State and County CEQA Guidelines, that the decision-making body has reviewed and considered the information contained therein prior to approving the project, that the ND reflects the independent judgement and analysis of the Board of Supervisors and that there are no changes in the project or in the circumstances under which it is undertaken which involve significant new environmental impacts which were not considered in the previously adopted ND, or a substantial increase in the severity of previously identified significant effects, and that no new information of substantial importance has become available since said ND was prepared.

2.      Waive Board Policy A-91, Mid-Year Budget Changes, to allow for the appropriation of additional funds in the Parks and Recreation Department salaries budget.

3.      Approve and authorize the Clerk of the Board of Supervisors to execute the Third Amendment to the Joint Agreement (Contract No. 36034-E) between the County of San Diego and the Fallbrook Sports Association.

4.      Establish appropriations in the amount of $8,800 in the Parks and Recreation Department budget, Org. 5114, Account 1102, based on anticipated revenue to be received from the Fallbrook Sports Association as reimbursement for seasonal staff costs associated with the operations and maintenance of the Fallbrook Sports Park.  (4 VOTES)

5.      Approve and authorize the Clerk of the Board of Supervisors to execute an Agreement with the Fallbrook Public Utility District and the Fallbrook Sports Association for connection of the Fallbrook Sports Park to the public sewer system; County Counsel shall review and approve the Agreement.

6.      Authorize the Director, Department of Parks and Recreation, to administer the Joint Agreement, as amended.

ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent.
AYES:  Cox, Jacob, Slater, Roberts, Horn

6.         SUBJECT:     COUNTY PARTICIPATION IN REGIONAL MENTOR – PROTÉGÉ PROGRAM TO HELP SMALL, LOCAL CONSTRUCTION CONTRACTORS
                                    (Supv. Dist: All)

OVERVIEW:
Associated General Contractors of San Diego, in cooperation with the City of San Diego, San Diego Convention Center Corporation, San Diego County Water Authority and other local agencies, has initiated a Regional Mentor – Protégé Program to help small, emerging construction contractors develop their businesses in San Diego County. The program goal is to help these firms while expanding the ready, willing and able number of contractors available to local agencies for projects. The program will offer free, volunteer mentorship to eligible contractors, as well as assistance from consultants and City staff. Protégé contractors will complete courses of instruction and graduate with enhanced business skills.

The County Department of Public Works utilizes private contractors for road improvements, bridge, sewer line and airport construction, and many other infrastructure projects. Federally funded projects are required to meet Disadvantaged Business Enterprise Goals based on “ready, willing and able” small, disadvantaged contractors. Participation in the Mentor – Protégé Program will, over time, help increase the number of small, disadvantaged minority and women-owned contractors eligible to bid as prime and sub contractors on County projects, which will in turn help the County meet required goals for federally funded projects.

Cost for local agency participation in the Mentor-Protégé Program would be $15,000 annually, to cover administrative costs associated with the program, including database management, correspondence, certificate production and award, and outreach to potential mentors and Protégé candidates. These functions will be mainly administered by the City of San Diego and reimbursed through a trust fund created with funding from participating agencies. Mentors will offer services free, and be provided by the Associated General Contractors of America, National Electrical Contractors Association and American Subcontractors Association.

This is a request to affirm support for the pilot program expected to begin in January 2001; and direct the Chief Administrative Officer to facilitate County participation.

FISCAL IMPACT:
This request is budgeted in the Department of Public Works Road Fund. Funding sources are Road Fund, Airport Enterprise Fund and Flood Control District funds, by a formula based on typical participation by these sections of Public Works for various Capital Improvement Projects. This request will result in a current year cost of $15,000, annual cost of $15,000, and will require no additional staff years.

BUSINESS IMPACT STATEMENT:
This program will help grow small businesses throughout the County of San Diego, eventually resulting in more opportunities for these construction contractors, more success for their businesses, and better ability to provide jobs for area residents.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
Affirm support for the regional Mentor – Protégé program in cooperation with Associated General Contractors of San Diego, and direct the Chief Administrative Officer to facilitate participation in the program.

ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent.
AYES:  Cox, Jacob, Slater, Roberts, Horn

7.         SUBJECT:     AGREEMENTS WITH SIX CONSULTANT FIRMS TO PROVIDE DESIGN ENGINEERING SERVICES ON AN AS-  NEEDED BASIS
                                    (Supv. Dist: All)

OVERVIEW:
The Department of Public Works has necessity for consultant services on an as-needed basis to provide design engineering for various Department of Public Works projects.  Use of consultants will enhance the department’s ability to complete project designs in a timely manner.

Public agencies in California must use a Qualifications Based Selection method to contract for consultant services.  This method requires such services be engaged on basis of demonstrated competence and qualifications for types of services to be performed at a fair and reasonable cost.  Board Policy F-40 (Procuring Architectural, Engineering and Related Professional Services) describes the County’s method for Qualifications Based Selection.  In accordance with provisions of the policy, eleven consultant firms from the Joint County/City of San Diego list for Civil Engineering were interviewed.  Lintvedt, McColl & Associates; Dokken Engineering; Berryman & Henigar, Inc.; RBF Consulting; SB&O, Inc.; and Pountney & Associates, Inc. were selected, as the most qualified firms to perform required services.

This is a request to approve agreements with these firms to provide as-needed engineering design services for fees not to exceed $250,000 each, with a term ending October 31, 2003.  The agreements authorize the Director, Department of Public Works to extend the termination date until funds are exhausted; and to adjust allowable billing rates on an annual basis to mutually agreed upon fair and reasonable rates.

FISCAL IMPACT:
This proposal is budgeted in the FY 2000-01 Department of Public Works Program.  Funding source is identified as TransNet; all non-TransNet projects undertaken under this agreement will be reimbursed from the appropriate funding source.  If approved, this request will result in current year cost of $1.5 million, no annual cost and will require no additional staff years.

BUSINESS IMPACT STATEMENT:
N/A

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.      Find pursuant to Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, requested actions are exempt from CEQA because it can be seen with certainty there is no possibility the activity in question may have a significant effect on the environment.

2.   Approve and authorize the Clerk of the Board to execute, upon receipt, three originals each of the following agreements:

a)      An Agreement with Lintvedt, McColl & Associates, to provide engineering design         services on an as-needed basis for compensation not to exceed $250,000. Agreement to   terminate October 31, 2003 or when funds are exhausted or services are no longer         required, whichever shall occur first, with option to extend termination dates by written         mutual agreement if original funding remains available.

b)      An Agreement with Dokken Engineering, to provide engineering design services on an   as-needed basis for compensation not to exceed $250,000. Agreement to terminate October 31, 2003 or when funds are exhausted or services are no longer required,      whichever shall occur first, with option to extend termination dates by written mutual   agreement if original funding remains available.

c)      An Agreement with Berryman & Henigar, Inc., to provide engineering design services    on an as-needed basis for compensation not to exceed $250,000. Agreement to terminate     October 31, 2003 or when funds are exhausted or services are no longer required,     whichever shall occur first, with option to extend termination dates by written mutual       agreement if original funding remains available.

d)     An Agreement with RBF Consulting, to provide engineering design services on an as-    needed basis for compensation not to exceed $250,000. Agreement to terminate October     31, 2003 or when funds are exhausted or services are no longer required, whichever      shall occur first, with option to extend termination dates by written mutual agreement if original funding remains available.

e)       An Agreement with SB&O, Inc., to provide engineering design services on an as-needed basis for compensation not to exceed $250,000. Agreement to terminate October 31, 2003 or when funds are exhausted or services are no longer required, whichever shall occur first, with option to extend termination dates by written mutual agreement if original funding remains available.

f)          An Agreement with Pountney & Associates, Inc., to provide engineering design services on an as-needed basis for compensation not to exceed $250,000. Agreement to terminate October 31, 2003 or when funds are exhausted or services are no longer required, whichever shall occur first, with option to extend termination dates by written mutual agreement if original funding remains available.

3.     Designate the Director, Department of Public Works, as County Officer responsible for administering the agreement.

ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent.
AYES:  Cox, Jacob, Slater, Roberts, Horn

8.         SUBJECT:     AGREEMENTS WITH THREE ENVIRONMENTAL CONSULTING FIRMS TO PROVIDE SERVICES ON AN AS-NEEDED BASIS
                                    (Supv. Dist: All)

OVERVIEW:
The Department of Public Works has a need for consultant services on an immediate and temporary basis for environmental studies. These consultants may also be used for environmental studies for other County departments. Use of consultants will enhance the department’s ability to complete environmental reviews and mitigation requirements in a timely manner.

Public agencies in California must use a Qualifications Based Selection method to contract for consultant services.  This method requires such services be engaged on basis of demonstrated competence and qualifications for types of services to be performed at a fair and reasonable cost.  Board Policy F-40 (Procuring Architectural, Engineering and Related Professional Services) describes the County’s method for Qualifications Based Selection.  In accordance with provisions of the policy, five consultant firms from the Joint County/City of San Diego list for Environmental: General EIR/EIS were interviewed.  KEA Environmental, Inc.; RECON Environmental, Inc.; and URS Corporation were selected as the most qualified firms to perform required services.

This is a request to approve agreements with KEA Environmental, Inc.; RECON Environmental, Inc.; and URS Corporation to provide as-needed environmental services for fees not to exceed $250,000 each, with  terms ending October 31, 2002.  The agreements authorize the Director, Department of Public Works to extend the termination date until funds are exhausted; and to adjust allowable billing rates on an annual basis to mutually agreed upon fair and reasonable rates.

FISCAL IMPACT:
This proposal is budgeted in the FY 2000-01 Department of Public Works Program.  Funding source is identified as TransNet; all non-TransNet projects undertaken under this agreement will be reimbursed from appropriate funding source.  If approved, this request will result in current year cost of $750,000, no annual cost and will require no additional staff years.

BUSINESS IMPACT STATEMENT:
N/A

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.   Find, pursuant to Section 15061(b)(3) of California Environmental Quality Act (CEQA)Guidelines, requested actions are exempt from CEQA because it can be seen with certainty there is no possibility the activity in question may have a significant effect on the environment. Approve and authorize the Clerk of the Board to execute, upon receipt, three   originals each of the following agreements:

a)      An Agreement with KEA Environmental, Inc., to provide environmental services on an as-needed basis for compensation not to exceed $250,000.  Agreement to terminate October 31, 2002 or when funds exhausted or services are no longer required, whichever shall occur first, with option to extend termination date by written mutual agreement if original funding remains available.

b)      An Agreement with RECON Environmental, Inc., to provide environmental services on an as-needed basis for compensation not to exceed $250,000.  Agreement to terminate October 31, 2002 or when funds exhausted or services are no longer required, whichever shall occur first, with option to extend termination date by written mutual agreement if original funding remains available.

c)      An Agreement with URS Corporation, to provide environmental services on an as-needed basis for compensation not to exceed $250,000.  Agreement to terminate October 31, 2002 or when funds exhausted or services are no longer required, whichever shall occur first, with option to extend termination date by written mutual agreement if original funding remains available.

3.   Designate the Director, Department of Public Works, as County Officer responsible for  administering the agreement.

ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent.
AYES:  Cox, Jacob, Slater, Roberts, Horn

9.         SUBJECT:     INTENTION TO ESTABLISH ZONES OF BENEFIT IN COUNTY SERVICE AREAS NO. 81 - FALLBROOK LOCAL PARKS DISTRICT AND NO. 83 - SAN DIEGUITO LOCAL PARKS DISTRICT
            (Supv. Dist: 3,5)

OVERVIEW:
The Advisory Board of County Service Area No. 81 - Fallbrook Local Parks District has petitioned the County to form two zones of benefit within the District and to conduct a mailed ballot proceeding for levy of benefit assessments.  The assessments would provide financing to maintain existing and additional park and recreation facilities serving the communities of Fallbrook, Rainbow, and De Luz.

The developer of 4S Ranch subdivision has petitioned for formation of a zone of benefit within County Service Area No. 83 – San Dieguito Local Parks District and to conduct a mailed ballot proceeding for levy of benefit assessments.  The assessments would provide financing to maintain six new local parks to be located within the boundaries of the zone.

These requests are to initiate proceedings to form the zones of benefit and approve the assessments.  The County Service Area program allows unincorporated area property owners to fund various types of services, including park maintenance.  County Service Areas No. 81 and 83 already exist for this purpose, but provide only a minimal level of park maintenance.  Property owner approval of the benefit assessments will provide financing for operation and maintenance of additional park areas with costs allocated on a fair share basis to all benefiting property owners.

FISCAL IMPACT:
Funding for County Service Area No. 81 proposal is budgeted in the District and will result in a $7,500 current year cost.  Funding for County Service Area No. 83 proposal is an expense to the developer.  If approved, these requests will result in no annual cost and will require no additional staff years.

BUSINESS IMPACT STATEMENT:
N/A

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.                  Find, in accordance with Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, it can be seen with certainty there is no possibility the activity in question will have a significant effect on the environment.

2.                  Accept the Engineer’s Report for County Service Area No. 81 – Fallbrook Local Parks District, Zones A & B.

3.                 Accept the Engineer’s Report for County Service Area No. 83 – San Dieguito Local Parks District, Zone A.

4.                 Adopt a Resolution entitled Resolution of Intention to Establish Two Zones of Benefit Within County Service Area No. 81 – Fallbrook Local Parks District and To Levy Assessments for the Maintenance and Operation of Local Parks, which sets December 13, 2000, as the date of required public hearing.

5.                 Adopt a Resolution entitled Resolution of Intention to Establish Zone A - 4S Ranch within County Service Area No. 83 – San Dieguito Local Parks District and To Levy Assessments for the Maintenance and Operation of Local Parks, which sets December 13, 2000, as the date of required public hearing.

6.        Direct staff to prepare and conduct mailed ballot proceedings stipulated by State Law to owners of property located within the boundaries of Zones A and B of County Service Area No. 81 – Fallbrook Local Parks District and Zone A of County Service Area No. 83 – San Dieguito Local Parks District.

ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, adopting Resolution No. 00-361, entitled:  RESOLUTION OF INTENTION TO ESTABLISH TWO ZONES OF BENEFIT WITHIN COUNTY SERVICE AREA NO. 81 - FALLBROOK LOCAL PARKS DISTRICT AND TO LEVY ASSESSMENTS FOR THE MAINTENANCE AND OPERATION OF LOCAL PARKS and adopted Resolution No. 00-362, entitled:  RESOLUTION OF INTENTION TO ESTABLISH ZONE A - 4S RANCH WITHIN COUNTY SERVICE AREA NO. 83 - SAN DIEGUITO LOCAL PARKS DISTRICT AND TO LEVY ASSESSMENTS FOR THE MAINTENANCE AND OPERATION OF LOCAL PARKS.
AYES:  Cox, Jacob, Slater, Roberts, Horn

10.       SUBJECT:     OCEANSIDE TRANSIT CENTER: AMENDMENT TO  REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM FOR PARKING EXPANSION                                    (Supv. Dist: 5)

OVERVIEW:
On May 15, 1979 (55), Board approved Joint Powers Agreement With North San Diego County Transit Development Board, City of Oceanside, and Oceanside Community Development Commission for development of Oceanside Transit (County Contract No. 14473-E). Under terms of Joint Powers Agreement, County managed development of Oceanside Transit Center, which opened in 1984 at Tremont and Cleveland in downtown Oceanside.

North San Diego County Transit Development Board, City of Oceanside, Oceanside Community Development Commission, and County have an opportunity to construct a parking structure to meet demand. The structure will be north of the Oceanside Transit Center on land owned by the City of Oceanside. Negotiations are underway for amendment to Joint Powers Agreement detailing financial, environmental, project management and other responsibilities related to the future parking structure. A request to amend Joint Powers Agreement will be submitted for Board consideration, anticipated in December 2000.

Requested actions today are amendment of federal Program Supplement No. 085, which has already been accepted by the County, to reallocate funds to construction of a parking structure and amendment of County Element of the Regional Transportation Program to include this project in the Regional Transportation Improvement Program. These actions will ensure funding is in place so project can proceed.

FISCAL IMPACT:
Funds for this proposal are not budgeted.  Funding source for allocation is Program Supplement No. 085 to County-State Agreement No. 11-5957, providing $1,261,000 of Federal Aid Urban funding for expansion of Oceanside Transit Center. If approved, this request to reallocate funds and amend the Regional Transportation Improvement Program will result in no current year cost, no annual cost, and require no additional staff years. Future fiscal impacts will be determined in the amendment to the Joint Powers Agreement, which will be brought before the Board at a later date.

BUSINESS IMPACT STATEMENT:
Action as recommended will fund additional parking at Oceanside Transit Center. This parking will be available to downtown Oceanside businesses on evenings and weekends, thereby encouraging additional customers and sales. It will also encourage passengers who have been parking on street in front of businesses to relocate to new parking structure. This will make more on street parking available to business customers.  Supplemental parking will also encourage additional train passengers, reducing employee automobile trips to and from work and making the workplace more accessible.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.      Find that Amendment to Regional Transportation Improvement Program is not subject to California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15276, because CEQA does not apply to development or adoption of a Regional Transportation Improvement Program.

2.      Authorize Clerk of Board to execute, upon receipt, Amendment to Program Supplement No. 085, reallocating $1,261,000 of Federal Aid Urban funding from “right-of-way” to “construction.”

3.      Approve and authorize establishment of appropriations in amount of $1,261,000 in Capital Outlay Fund for Capital Project Kb556, Oceanside Transit Center Parking Structure Construction, contingent upon approval of Amendment to Program Supplement No. 085, reallocating Federal Aid Urban fund from right of way to construction. (4 VOTES).

4.   Direct the Oceanside Transit Center Parking Expansion be integrated into County Element of Regional Transportation Improvement Program and authorize Director of Public Works to submit County’s amended Regional Transportation Improvement Program to San Diego Association of Governments.

ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent.
AYES:  Cox, Jacob, Slater, Roberts, Horn

11.       SUBJECT:     APPROVAL OF FIRE PROTECTION AGREEMENT BETWEEN CAMPO FIRE DEPARTMENT AND THE COUNTY OF SAN DIEGO ON BEHALF OF COUNTY SERVICE AREA 112 – CAMPO
(Supv. Dist:  2)

OVERVIEW:
On August 4, 1987 (29), the Board approved a fire protection agreement between the County of San Diego and Campo Fire Department to provide structural fire protection and emergency medical services in County Service Area 112 – Campo.

The Board of Directors of Campo Fire Department requested a new agreement transferring responsibility for purchasing equipment and supplies from the County to Campo Fire Department.  This agreement will benefit County Service Area 112 Campo by reducing the cost of using the County Department of Purchasing and Contracting to purchase; Auditor and Controller to pay for supplies, equipment and maintenance; and Department of Public Works Special Districts section for administration. Under the new agreement, when Campo Fire Department purchases minor equipment, it will be directly reimbursable from County Service Area 112 funds.

This is a request to enter into an agreement with Campo Fire Department on behalf of County Service Area (CSA) 112 allowing Campo Fire Department direct reimbursement from CSA 112.

FISCAL IMPACT:
This request will have no impact on the County General Fund.  Funding source is County Service Area 112.  If approved, this request will result in no current year costs, no annual cost and will require no additional staff years.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
Approve and authorize the Clerk of the Board to execute two copies of the Fire Protection Agreement between Campo Fire Department and County of San Diego on behalf of County Service Area 112 allowing Campo Fire Department to be reimbursed by County Service Area 112.


ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent.
AYES:  Cox, Jacob, Slater, Roberts, Horn

12.       SUBJECT:     SET HEARING FOR 12/6/2000, 9:00 A.M.
OTAY VALLEY REGIONAL PARK – ACQUISITION OF PARCEL NO. 2000-0071-A (MALCOLM)
(Supv. Dist:  1)

OVERVIEW:
The Cities of San Diego and Chula Vista and the County of San Diego have formed a Joint Exercise of Powers Agreement (JEPA) to coordinate the acquisition, planning and design of the Otay Valley Regional Park.  Eventually, the JEPA envisions the inclusion of 6,000 acres of land in the park spanning 13 miles from southern San Diego Bay to Otay Lakes.

The County has identified a .99 acre parcel for acquisition and inclusion in the park.  The Board is requested to set a hearing date for December 6, 2000 to consider the purchase of Parcel No. 2000-0071-A (Malcolm).

FISCAL IMPACT:
 There is no fiscal impact associated with this request.  Should the Board approve the purchase on December 6, 2000, funds for the acquisition are budgeted in Capital Project KA0550 – Otay Valley Regional Park Acquisitions.  The purchase would result in a cost of $46,000 in fiscal year 2000/2001, no additional cost in subsequent years and the addition of no staff years.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.   Direct the Clerk of the Board of Supervisors to publish the required Notice of Intention to Purchase in accordance with Government Code Sections 25350 and 6063.

2.         Set this matter for December 6, 2000 at which time the Board may consummate the Purchase of Parcel No. 2000-0071-A (Malcolm).

ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, setting Hearing for December 6, 2000, 9:00 a.m.
AYES:  Cox, Jacob, Slater, Roberts, Horn

13.       SUBJECT:     AMENDMENT TO CONSULTANT CONTRACT FOR GENERAL PLAN 2020
(Supv. Dist:  All)

OVERVIEW:
General Plan 2020 project is the comprehensive update of the San Diego County General Plan.  The General Plan establishes the future growth and development patterns for the unincorporated area of the County.  The General Plan update will accommodate population growth and plan for infrastructure needs, development, and resource preservation in the unincorporated area to the year 2020.  Currently the Department of Planning and Land Use has a contract with Wallace Roberts & Todd, LLC, to provide consulting services for General Plan 2020.  The contract was approved by the Board of Supervisors on August 12, 1998 (2) and obtained through competitive procurement.  This contract was amended on February 28, 2000, to proceed with one of the consultant’s original optional services to assist in the creation of a biological species prediction model. 

Since that time, a number of changes to the General Plan 2020 project extent and process have occurred such as the expanded public participation process, development of a transportation model, expansion of scope of work for preparation of the Environmental Impact Report and development of a population constraints model.  In response to the changes in the General Plan 2020 project, staff and the consultant team have negotiated changes to the original Scope of Work and the Consultant Contract. 

This is a request to authorize a second amendment to the consultant contract.  The additional project cost is $861,350, which includes $721,350 for the added consultant tasks for a total contract cost of $3,314,308 and $140,000 for optional tasks.  In addition, the contract amendment is needed to address additional tasks referred to General Plan 2020 by the Board of Supervisors and the Planning Commission and to expand the timeline for the project.

FISCAL IMPACT:
If approved, this will result in $861,350 in the current fiscal year for the contract amendment, and no annual costs and will require the addition of no staff years.  Of the $861,350 current year cost, $800,000 is budgeted in the Department of Planning and Land Use, the remaining $61,350 is available from the Land Use and Environmental Group Management Reserves.

RECOMMENDATION:
CHIEF ADMINISTRATIVE OFFICER:
1.         Approve and authorize execution by the Clerk of the Board, the amended agreement with Wallace Roberts & Todd, LLC, in the amount of $861,350, which includes an additional $140,000 for optional tasks, and extending the contract to February 28, 2003, to provide planning, environmental, and mapping services.  (4 VOTES)

2.        Find that the Board of Supervisors has determined that the proposed services can be provided more economically and efficiently by the proposed independent contractor than by persons in the Classified Service. 

3.       Transfer appropriations in the amount of $61,350 from the Land Use Environmental Group Management Reserves to the Department of Planning and Land Use for General Plan 2020 consultant costs.  (4 VOTES)

ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Slater, the Board of Supervisors continued the item to November 1, 2000, and directed the Department of Planning and Land Use to immediately notify all property owners in order to conduct further discussion on the maps and plans, and to come back with a time line in regards to the process and what’s to be accomplished.
AYES:  Cox, Jacob, Slater, Horn
ABSENT:  Roberts

14.       SUBJECT:     ADMINISTRATIVE ITEM:
  SECOND CONSIDERATION AND ADOPTION OF ORDINANCE  PROGRESS REPORT ON CONSUMER CONFIDENCE PROTECTION ACT OF 1999
                                    (Supv. Dist: All )

OVERVIEW:
On October 11, 2000 (4), your Board introduced Ordinance for further Board consideration on October 25, 2000.

On January 12, 1999 (3), the Board of Supervisors approved a recommendation by Supervisor Dianne Jacob to introduce an ordinance relating to automate point-of-sale stations and consumer protection (Ordinance No. 9004). On February 2, 1999 (1), the Board adopted the ordinance and directed the Chief Administrative Officer to return in 18 months with a progress report, with alternative methods of funding the program, and to make available a list of retailers who fail as well as those who pass retail scanner testing. 

This letter provides a progress report of implementation activities and inspection results, which indicate that pricing errors continue to be predominantly in the favor of retailers, both in frequency and in value. It also requests that the Board take the following actions: 1) continue the program as an effective tool for consumer protection and maintenance of equity in the marketplace; 2) approve revisions to Ordinance No. 9004 for clarification; 3) authorize the posting of businesses failing inspections on the County website; 4) support continued efforts to seek State funding for a point-of-sale inspection program; and 5) direct the Chief Administrative Officer to report program results during the 01-02 budget process.

FISCAL IMPACT:
The recommended action would result in no increase in net county costs and no additional staff years.

BUSINESS IMPACT STATEMENT:
This proposal will have no additional impacts on businesses that are either in compliance with the California Business and Professions Code relating either to pricing accuracy, or with the current county ordinance.  Impacts will be limited to the recovery of additional inspection costs resulting from the need to perform re-inspections of businesses found not to be in compliance. In addition, businesses not complying with the registration and permit process will be subject to penalties.

RECOMMENDATION: CHIEF ADMINISTRATIVE OFFICER:
Adopt Ordinance entitled:
AN ORDINANCE AMENDING CHAPTER 20 OF DIVISION 1 OF TITLE 2 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCE RELATING TO AUTOMATED POINT-OF-SALE STATIONS AND CONSUMER PROTECTION

ACTION:
ON MOTION of Supervisor Slater, seconded by Supervisor Cox, the Board of Supervisors took action as recommended, on Consent, adopting Ordinance No. 9264 (N.S.), entitled: AN ORDINANCE AMENDING CHAPTER 20 OF DIVISION 1 OF TITLE 2 OF THE SAN DIEGO COUNTY CODE OF REGULATORY ORDINANCE RELATING TO AUTOMATED POINT-OF-SALE STATIONS AND CONSUMER PROTECTION.
AYES:  Cox, Jacob, Slater, Roberts, Horn

           

15.       SUBJECT:     CLOSED SESSION 
(CARRYOVER ITEM FROM 10/24/00, AGENDA ITEM NO. 13)
                                    (Supv. Dist:   All)

A.        CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Donzella Campbell v. Rita Saenz, State Director of The Department of Social Services; San Diego Superior Court No. GIC751974

B.        CONFERENCE WITH LABOR NEGOTIATORS
Designated Representative:  Carlos Arauz, Madge Blakey and Mike Kolb
Employee Organizations:  Deputy Sheriffs Association  

C.        PUBLIC EMPLOYEE PERFORMANCE EVALUATION
  Title:  Clerk of the Board of Supervisors

ACTION:
County Counsel reported the following: Item A: by unanimous vote of its members, Districts       1,2,4 and 5 present and voting, the Board of Supervisors authorized County Counsel to       intervene in a legal action that is pending in San Diego Superior Court.

There being no further business, the Board adjourned at 12:03 p.m.

THOMAS J. PASTUSZKA
Clerk of the Board of Supervisors
County of San Diego, State of California

          Notes by: Egan
                                                                                        - - -
NOTE:   This Statement of Proceedings sets forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up.